There is a lot that remains unclear about the Home Office’s introduction of eVisas, below we shed light on what we know so far about the roll out and use […]
The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a case involving poor conduct on […]
In JR v Advocate General for Scotland [2024] CSOH 64, the Court of Session has encouraged greater use of the powers to transfer a judicial review to the Upper Tribunal […]
The High Court has held that the decision made by Suella Braverman not to implement recommendations made in Wendy Williams’ review into the Windrush scandal was unlawful. The recommendations specifically […]
The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission […]
Two claimants, the charity Refugee and Migrant Forum of Essex and London “RAMFEL” and Ms Adjei, have succeeded in a judicial review where it was held that the Home Secretary’s […]
The Court of Appeal has dismissed an appeal alleging procedural unfairness in a First-tier Tribunal hearing where the judge asked a “significant” number of questions. The court also gave a […]
Immigration law is constantly changing and the Home Office updates its guidance documents accordingly. Sometimes you will need to look at an older version of the guidance that applied at […]
A man who had lived in the UK for over 20 years and was married to a British national before the relationship broke down has been unsuccessful in his challenge […]
As I explained in a previous blog, in its June 2023 judgment in AAA & Others v SSHD, the Court of Appeal accepted Asylum Aid’s case that, in a majority […]
In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the immigration rules (mandatory ground for […]
The High Court has heard three Hamid referrals, two of which concerned asylum cases and one of those resulted in a referral to the Solicitors Regulation Authority. Given the professional […]
The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue to tell them that they […]
We previously covered the High Court’s decision that routine redactions of junior civil servants’ names in judicial review disclosure was unlawful, and the Court of Appeal has now agreed with […]
The latest in a rash of recent cases displaying poor behaviour on the part of the Home Office is R (Amena El-Ashkar) v Secretary of State for the Home Department […]
In Zhou & Ors v Secretary of State for the Home Department [2024] EWCA Civ 81 the Court of Appeal has re-affirmed the high threshold for challenging delays in decision-making […]
It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision is given an opportunity to […]
Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who have the unenviable job of […]
Digital technology plays a central role in the ongoing reform of British borders after Brexit, and the 2019 launch of the EU Settlement Scheme was a pivotal moment in this […]
A student whose leave was cancelled on arrival was wrongly denied the opportunity to comment on an allegation of falsified English language qualifications. So held the High Court in R […]
The Home Office is increasingly treating asylum claims as being withdrawn. This seems to be a new policy intended to reduce the asylum backlog. The number of asylum decisions made […]
Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the cases were decided by a […]
A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary […]
The OISC (Office of the Immigration Services Commissioner) has again amended its guidance note on advisers conducting litigation in judicial review cases. The amendment appears to be with immediate effect, although […]
How should we seek to comply with the rules relating to foreign language witness statements in litigation that are governed by the Civil Procedure Rules, including judicial review proceedings in […]
The common travel area enables passport-free and legal travel between the United Kingdom (including Northern Ireland), the Republic of Ireland, the Isle of Man and the Channel Islands for British […]
On 1 December 2020, the Grounds for Refusal in Part 9 of the immigration rules were amended, providing the Home Office with a wider scope to refuse permission applications and […]
Immigration lawyers will occasionally, or in some cases frequently, take on a client whose level of English is limited. Or they may not speak any English at all. It’s crucial […]
The Home Office is not beloved as an institution. Some consider it necessary. But no-one likes it. That seems to include not just migrants and their families but also many […]
A person who lacks the requisite mental capacity to litigate in the tribunal or courts requires what is called a ‘litigation friend’ to conduct proceedings on their behalf. The role […]
Let’s say you made a normal application for settlement on the UK Ancestry route five months ago and you are still waiting for a decision. You receive word that a […]
In a change to which some of us may struggle to adjust, tribunal judges are now to be addressed in court or correspondence as “judge” rather than “sir”, “madam” or […]
Regular readers of Free Movement will be aware of the recent judgment finding serious breaches of the duty of candour by the Home Office in the mobile phone seizures case. […]
For immigration lawyers, a First-tier Tribunal appeal hearing is a routine experience. It’s easy to forget how intimidating and stressful this moment can be for people appealing, many of whom […]
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in a particular country. The general […]
The Home Office has agreed to review its policy Fee waiver: Human Rights-based and other specified applications, which provides guidance on the time limits for making human rights based immigration […]
You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? […]
When the pandemic first hit in March 2020 the Home Office was quick off the mark in allowing employers to conduct right to work checks remotely. Rather than having to […]
Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided immigration advice. Sara was in […]
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK since 2007. She had a […]
